Indemnity Ins. Co. v. Reisley

On Petition for Rehearing.

As the order of April 14, 1942, was based upon a reclamation petition, we erred in our original opinion when we said that § 57, sub. k, 11 U.S.C.A. § 93, sub. k, governed. Nevertheless, Rule 60(b), 28 U.S.C.A. following section 723c, is not applicable because it relates only to a final order;1 and no order in a bankruptcy proceeding is final (in the sense that it cannot be reopened) until the proceeding has been terminated.2

The insurance company argues that the trustee’s appeal is from the denial of a petition for a reconsideration of an earlier order and is…